Is Saddams Judge An Israeli Jew?

d) The Governing Council, if it deems necessary, can appoint non-Iraqi judges who have experience in the crimes encompassed in this statute, and who
shall be persons of high moral character, impartiality and integrity.

FOR THE TRANSITIONAL PERIOD
......
CHAPTER SEVEN – THE SPECIAL TRIBUNAL AND NATIONAL COMMISSIONS

Article 48.

(A) The statute establishing the Iraqi Special Tribunal issued on 10 December 2003 is confirmed. That statute exclusively defines its
jurisdiction and procedures, notwithstanding the provisions of this Law.

The court was formed, the Judges selected, and declared 'confirmed' BEFORE the so-called handover of power.

Article 43.
(B) All judges sitting in their respective courts as of 1 July 2004 will continue in office thereafter, unless removed from office pursuant to
this Law.

The judges stay.

CHAPTER THREE – THE IRAQI TRANSITIONAL GOVERNMENT

Article 24.

(A) The Iraqi Transitional Government, which is also referred to in this Law as the federal government, shall consist of the National Assembly;
the Presidency Council; the Council of Ministers, including the Prime Minister; and the judicial authority.

(B) The three authorities, legislative, executive, and judicial, shall be separate and independent of one another.

Just like in America there is separation of powers, which means the elected officials will have no power over the court.

Article 48.
(B) No other court shall have jurisdiction to examine cases within the competence of the Iraqi Special Tribunal, except to the extent provided
by its founding statute.

And neither can any court the Iraqis make.

The Iraqi Special Tribunal made some very odd changes to Iraqi judicial law.

hrcr.law.columbia.edu...
THE STATUTE OF THE IRAQI SPECIAL TRIBUNAL
SECTION ONE
PART THREE
The Trial Chambers and the Appeals Chamber
Article 4.

d) The Governing Council, if it deems necessary, can appoint non-Iraqi judges who have experience in the crimes encompassed in this statute, and who
shall be persons of high moral character, impartiality and integrity.

Why would non-Iraqis be allowed to be judges, and Who is an expert on war crimes trials that America might appoint to judge Saddam?

They would be falling over each other to be part.

Would America make this very specific change if they had no plans on using it?????

A Higher Juridical Council shall be established and assume the role of the Council of Judges. The Higher Juridical Council shall
supervise the federal judiciary and shall administer its budget. This Council shall be composed of the Presiding Judge of the Federal Supreme Court,
the presiding judge and deputy presiding judges of the federal Court of Cassation, the presiding judges of the federal Courts of Appeal, and the
presiding judge and two deputy presiding judges of each regional court of cassation. The Presiding Judge of the Federal Supreme Court shall preside
over the Higher Juridical Council. In his absence, the presiding judge of the federal Court of Cassation shall preside over the Council.

Article 46.

(A) The federal judicial branch shall include existing courts outside the Kurdistan region, including courts of first instance; the Central
Criminal Court of Iraq; Courts of Appeal; and the Court of Cassation, which shall be the court of last resort except as provided in Article 44 of this
Law. Additional federal courts may be established by law. The appointment of judges for these courts shall be made by the Higher Juridical Council.
This Law preserves the qualifications necessary for the appointment of judges, as defined by law.

The central court of Iraq did not exist under Saddam. We created it with the new constitution.

Originally posted by ArchAngel
First, there are only a handful of Jews in Iraq. It would not be representative.

If he is executed under an American Appointed court by Non-Muslims then he becomes a Marytr.

It was war against infidels, and if he dies under our hand then Saddam lives forever as a Martyr.

Is that what you want?

And all we would have to do to stop it is disolve the court.
Thats an excellent point,
I think this is what the Americans are trying to prevent. Make him a Martyr, then Iraq will be in choas for decades.

Originally posted by ArchAngel
First, there are only a handful of Jews in Iraq. It would not be representative.

If he is executed under an American Appointed court by Non-Muslims then he becomes a Marytr.

It was war against infidels, and if he dies under our hand then Saddam lives forever as a Martyr.

Is that what you want?

And all we would have to do to stop it is disolve the court.
Thats an excellent point,
I think this is what the Americans are trying to prevent. Make him a Martyr, then Iraq will be in choas for decades.

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